Citing drivers for failure to "exercise due care" (administrative code 19-190) is a key enforcement tool of Mayor Bill de Blasio's Vision Zero policy, but a judge just threw it out.
Aidan Gardiner reports: "A key part of the mayor's landmark pedestrian and bicycle safety initiative that penalizes drivers for hitting people is unconstitutional, a judge ruled Friday."
"Queens Supreme Court Justice Gia Morris ruled that Mayor Bill de Blasio's Vision Zero charge, failure to exercise due care, violates defendants' right to due process as protected by the United States Constitution," according to Gardiner, "saying the law puts the burden of proof on drivers to show they weren't driving negligently, which violates their presumption of innocence under the Fifth and Fourteenth amendments."
The ruling comes after it seemed like the New York Police Department was beginning to enforce the city's Vision Zero policy. According to Gardiner, NYPD officers "are on track to arrest more bad drivers than ever on Vision Zero charges with 63 percent more busts than this time last year…"
As for next steps, a spokesperson from Mayor de Blasio's office says the NYPD can still use the 19-190 code that cites drivers for failure to exercise due care. The Queens District Attorney is considering options for an appeal.
FULL STORY: Judge Rules Vision Zero Law Unconstitutional as NYPD Increases Its Use
Zero Vision Zero: Streets Deadlier Now Than When De Blasio Started
Mayor Bill de Blasio in 2014 set a goal to eliminate traffic fatalities from New York City. Now, with de Blasio preparing to leave office, more people are dying on the city's streets than when he made that announcement.
New York City Traffic Fatalities Pass 2019 Totals
The visions of a car-free utopia that might have seemed like a potential silver lining in March and April have given away to a tragic reality.
After Compromise, 'Streets Master Plan' Headed for Approval in New York City
The New York City Council is expected to pass a "Streets Master Plan" this week that City Council Speaker Corey Johnson describes as designed to "break the car culture."
Trump Administration Could Effectively End Housing Voucher Program
Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
Ken Jennings Launches Transit Web Series
The Jeopardy champ wants you to ride public transit.
Driving Equity and Clean Air: California Invests in Greener School Transportation
California has awarded $500 million to fund 1,000 zero-emission school buses and chargers for educational agencies as part of its effort to reduce pollution, improve student health, and accelerate the transition to clean transportation.
Congress Moves to End Reconnecting Communities and Related Grants
The House Transportation and Infrastructure Committee moved to rescind funding for the Neighborhood Equity and Access program, which funds highway removals, freeway caps, transit projects, pedestrian infrastructure, and more.
From Throughway to Public Space: Taking Back the American Street
How the Covid-19 pandemic taught us new ways to reclaim city streets from cars.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
Heyer Gruel & Associates PA
Ada County Highway District
Institute for Housing and Urban Development Studies (IHS)
City of Grandview
Harvard GSD Executive Education
Toledo-Lucas County Plan Commissions
Salt Lake City
NYU Wagner Graduate School of Public Service